STATE OF GUJARAT Vs. MANILAL RAMJIBHAI NINAMA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 9/7/2021 passed by the learned Sessions Judge, Lunawada in Sessions Case No.08 of 2019 for the offences under Sec. 302, 307, 504, 507 of IPC, the applicant - State of Gujarat has preferred this application to grant leave to appeal as provided under sec. 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code" for short) inter alia challrespondentngingthe judgment and order of acquittal in favour of the accused.

(2.) Briefly stated, the prosecution case is such that engagement of the daughter of the complainant i.e. Lilaben took place with the respondent prior to one year of the incident occurred in the year 2018. According to the prosecution case, prior to ten months of the complaint, the respondent accused came at the house of the complainant and stayed there for a night and next day morning, he gave two to three slaps to the daughter of the complainant as well as caught hold of her neck and thrown her over cot in reverse position and thus, the complainant discontinued relation with the respondent accused and so, the respondent accused got enraged and administered threat to cause death of the complainant on telephone. It is the case of the prosecution that on account of said enmity, on 5/11/2018, the respondent accused came at the house of the complainant at village Saraswa, sprinkled kerosene on body of the complainant and one Sejalben d/o Rameshbhai Pandor, who were sleeping in one cot and set them on fire. Thus, resultantly, the complainant received severe injuries on cheat and hands, whereas Sejalben, who received severe injuries, therefore, they were taken to the SSG Hospital, Vadodara, where Sejalben succumbed to the injuries during treatment. Thereafter, the complainant lodged the complaint with regard to the incident before Ditvas Police Station, which was registered as I - C.R. No.16 of 2018 for the offences under Sec. 302, 307, 504, 507 of IPC.

(3.) In pursuance of the complaint lodged by the complainant, the investigation is commenced against the respondent accused. During the course of investigation, the investigating agency recorded statements of the witnesses, drawn various Panchnamas and collected relevant evidence with regard to FSL and medical treatment and other evidence relevant for the purpose of proving the offence. After having found material against the respondent accused, charge-sheet came to be filed in the Court of learned JMFC, Kadana. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Lunawada, Dist: Mahisagar as provided under sec. 209 of the Code.